Constitutional Law

Question 1

State Action

Answer 1

to allege a violation of one’s constitutional rights, the violation must have been committed by the state.

Question 2

Standing

Answer 2

The plaintiff must demonstrate that he has suffered an: (i) injury in fact; (ii) that was caused by the government; and (iii) a ruling by the court will redress that injury. Must have a concrete stake in the outcome.

Question 3

Third-Party Standing

Answer 3

Generally barred, but allowed when it would be difficult for the 3rd parties to assert their own rights or if a special relationship exists.

Question 4

Organizational Standing

Answer 4

An organization has standing to bring suit on behalf of its members when its members would: (i) have standing to sue in their own right; (ii) the interests it seeks to protect are related to the organization’s purpose; and (iii) individual member participation is not required.

Question 5

Commerce Clause

Answer 5

Congress has the power to regulate: (i) the channels of interstate commerce; (ii) the instrumentalities of interstate commerce, or things that travel in interstate commerce; or (iii) any activity that substantially affect interstate commerce. When economic activity is being regulated the court will aggregate the activity.

Question 6

Dormant Commerce Clause

Answer 6

The Commerce Clause gives Congress the power to regulate commerce among the states and, by negative implication, restricts the regulatory power of the states with respect to interstate commerce; a state law must not: (i) discriminate against interstate commerce by favoring in-state “economic” interests at the expense of out-of-state interests; or (ii) unduly burden interstate commerce.

Question 7

State Law that Protects Local Economic Interests

Answer 7

State laws that discriminate against out-of-state commerce in order to protect local economic interests are almost always invalid; but law may be upheld if it advances an important, non-economic state interest like “health or safety” that cannot be adequately served by reasonable non-discriminatory alternatives.

Question 8

Undue Burden on Interstate Commerce

Answer 8

If a state law treats local and out-of-state interests alike, it will be valid unless the burden on interstate commerce outweighs the state’s interest

Question 9

Market Participant Exception

Answer 9

The dormant commerce clause does not apply when the state is acting as an owner (buying or selling) rather than a legislator.

Question 10

Commandeering

Answer 10

the federal government cannot order or commandeer state governments to enact and enforce federal law; However, Congress may regulate the states on the same terms as other entities - a generally applicable federal law may regulate public and private actors alike